Sawan Ram vs Kalawati || AIR 1967 SC 1761 || Case Summary

Sawan Ram vs Kalawati

AIR 1967 SC 1761

Case Summary

[Order of Succession Among Agnates and Cognates]

Facts

A widow, whose husband died before the Hindu Succession Act went into effect, adopted respondent 2 after the Act went into effect. He owned some land and a house at the time of his death.

The Respondent No. 2 Deep Chand, son of Brahmanand and his wife Smt. Kala Wanti, was adopted by Smt. Bhagwani, a widow. On August 24th, 1959, she signed a deed of adoption in this regard.

On the widow’s death, which was on 31st October 1959, the appellant the nearest reversioner of her husband filed a suit challenging the adoption.

Sawan Ram, claiming to be the closest reversioner of Ramji Dass, Smt. Bhagwani’s husband, filed a suit for possession of the land given by Smt.

Issues

Whether adoption by a widow will be the deemed son of her deceased husband as well?

Judgement

The Court ruled that Deep Chand was adopted by both parents and given to Smt. Bhagwani. Deep Chand was given in adoption by his “parents,” which inevitably included the father, according to the deed. The draftsmen of the deed included the fact that Deep Chand’s mother had actually given her consent and obtained her thumb-print as proof. This mention of consent cannot be used to prove that the child was given in adoption by the mother rather than the father.

This provision in Section 12 of the Act makes it clear that when a Hindu female who has been married adopts a son, the adopted son becomes the adopted son of her husband as well. The appeal was dismissed and child adopted by a widow will be considered to be adopted son of the  deceased spouse.

Nidhi Verma

Shri Ramswaroop Memorial University (SRMU)